My Lawyer Won’t Go to Trial. What Can I Do?

If another party’s careless or reckless actions have caused you harm and suffering, it’s important to seek representation from a personal injury lawyer. Your attorney should be fully prepared for the twists and turns that may happen throughout your case and do whatever it takes to secure the damages you are entitled to.

As your legal advocate, your attorney has many important functions, including depositions, finding evidence, communicating with the insurance company, and scheduling mediation to try and work out a settlement. In the event your claim cannot be settled by traditional means, taking your case to trial may be the right course of action.

It’s essential that a lawyer is prepared for the trial process if the need should arise. But many clients discover that the attorney they hired is resistant to the idea of going to trial. It’s possible that your lawyer is right in their advice to settle, and seeking intervention from the court is unlikely to help you. On the other hand, you may have found yourself with a “settlement lawyer,” i.e., one that lacks the experience or inclination to provide their client with the best representation.

If your lawyer won’t go to court for you, it may be time to find another attorney to take over your case. To explore the option of finding a new lawyer, schedule a free consultation by contacting our office.

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Key Aspects of Taking Your Case to Trial

In most cases, resolving the claim or lawsuit through private negotiations is in the client’s best interest. However, you must retain an attorney who is willing to go to trial if the other side is refusing to offer a fair amount of compensation. If they are trying to talk you out of going to court, it’s a good idea to speak with another attorney. Perhaps your lawyer is right, and a trial is too risky, but there’s no harm in seeking out a second opinion to ensure that you are making the right choice.

Going to trial is a last resort when a settlement cannot be achieved between all the involved parties. But this is just one of the reasons to try a case in court. At the end of the day, whether to accept a settlement or schedule a trial date is a choice that must be made on a case by case basis.

There are various pros and cons when it comes to arguing a case before a judge and jury. One benefit is that the jury has no incentive in siding with you or the insurance company. Their objective is to listen to the story presented by both sides and come to a conclusion based on evidence and legal arguments. This is quite different than dealing directly with an insurance company, which is focused on its own interests.

During the trial, your attorney should present the facts pertaining to your case and the laws that apply, based on the circumstances. Depending on their skills, previous trial experience, and ability to connect with the jury, they can be very effective in showing the defendant’s negligence and how it has affected your life. Essentially, you are appealing to people who can probably relate to your situation, which is likely work in your favor.

Downsides of Trying a Personal Injury Case in Court

One of the drawbacks with going to trial is how long it will take to actually get a trial date. It’s important to note that the courts have a significant backlog of cases, and a trial date can be set 1 or more years into the future. This is a long time for anyone to wait, and even more so if you have already spent 6 or more months trying to negotiate a settlement.

The waiting period can be very taxing on your mental health, not to mention the continued interactions with the insurance company. Even if you are scheduled for trial, you may still get offers from the other side, along with pressure to settle and avoid the hassle of going to trial. You also have the problem of sitting on evidence and memories of the event for a long time, which can make it harder to recall the facts accurately. An experienced trial attorney can help you stay on top of things and prepare for the trial, while continuing to handle any negotiation attempts with the insurance company.

Getting Stuck with a “Settlement Lawyer”

A lawyer is supposed to be your legal advocate, meaning they are willing to do everything in their power to bring about a fair and just resolution. Unfortunately, there are “settlement lawyers,” who take on a staggering volume of cases with the intent of settling them as soon as possible.

Of course, the goal is to work towards a settlement whenever it is suitable to do so, considering that trials are incredibly expensive and time-consuming. However, a lawyer that pressures you to accept a low settlement offer is probably doing this with many clients at the same time. In short, they are concerned with getting their cut from your settlement and doing this as many times as possible in the shortest amount of time. That way, they can maximize their profits, even if it means shortchanging clients and leaving them with inadequate compensation.

As the name implies, settlement lawyers are interested in getting the insurance check, collecting their fee, and moving on to the next victim. These attorneys do whatever it takes to get their client’s signature on the settlement agreement, including outright misleading them of their legal rights.

For the insurance company, it’s in their favor to work with a settlement lawyer, as it saves them money by paying a lower amount than what the client is actually owed. So, it would seem that the only loser in this arrangement is the accident victim, but the good news is, you are not stuck with a lawyer who isn’t looking out for your interests. California law allows you to switch lawyers any time during a legal proceeding – a critical move than can save your case and secure the payment you deserve.

Is finding a lawyer the right thing to do if your current legal representative won’t take your case to trial? We can’t answer this question until we know many details that are specific to your accident, the harm you suffered, and the interactions between you, your attorney, and the insurance company. That’s why we are offering a free consultation, where you can speak with a legal expert about your chances for a larger payout if you take your case to trial.

The Right Lawyer for You

Finding the right lawyer for your needs can be challenging, and it’s not unusual that clients and attorneys don’t see eye to eye on important issues, like take a case to trial. A lawyer’s refusal to ask for a court date may indicate their lack of experience or a track record that doesn’t bode well for your chances in court. Or, maybe it’s a matter of taking the easy way and just closing out the case, even if it’s not in your best interest.

If you are currently represented by a lawyer who is reluctant to go to trial or tells you that it’s not an option they wish to explore, contact our office today. We are happy to provide you with a free second opinion on the issue of whether you should settle your case or take it before a judge and jury.

The personal injury lawyers of Normandie are not in it for the easy way out. Admittedly, over 90% of all cases are settled without the need for a court hearing. But each and every client deserves justice, and for some of them, going to trial may be the only answer. With that in mind, we are more than ready to put together a solid case for trial if we believe that court intervention is the best course of action.

Pay $0 to Hire a Personal Injury Attorney

We offer free, confidential case reviews, no matter where you are at with a personal injury claim. You are not obligated to do anything beyond talking to us about your case and learning about the legal options that are available to you. During this time, we are happy to answer your questions, including whether you should take your case to trial. If you have concerns about the way your current lawyer is handling your case, we can go over that as well. Ultimately, you have the right to change lawyers and find representation elsewhere, even if you are in the middle of a lawsuit.

If you choose to have us take over your claim, you are not charged any fees upfront. We have a contingency fee structure, so obtaining your compensation via settlement or jury verdict is the only way we get paid. What happens if we don’t win your case? We offer a Zero Fee Guarantee from day one, so you will not be asked to pay any legal fees.

For a second opinion on your case, completely free of charge, contact Normandie Law Firm today.